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Home My WebLink AboutCA Concepts Foundation Full & Final Release CIV1704075 (missing signatures)1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 �i-�-qD& ARTHUR W. CURLEY, BAR NO. 60902 ROBERT W. MARCHI, BAR NO. 130353 BRADLEY, CURLEY, BARRABEE & KOWALSKI, P.C. 1100 Larkspur Landing Circle, Suite 350 Larkspur, California 94939 Telephone: (415) 464-8888 Facsimile: (415) 464-8887 Attorneys for Cross -Defendant CONCEPTS FOUNDATION, INC. IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF MARIN (UNLIMITED JURISDICTION) BERKSHIRE IIATHAWAY HOMESTATE ) No. CIV1704075 INSURANCE COMPANY, ) Plaintiff, ) FULL AND FINAL RELEASE V. CITY OF SAN RAFAEL; CONCEPTS FOUNDATION, INC.; and DOES 1 to 50, Defendants. CITY OF SAN RAFAEL, Cross -Complainant, V. CONCEPTS FOUNDATION, INC.; AND ROES 1 TO 5, Cross -Defendants. This Full and Final Release (the "Release") is made and entered by: "Cross -Complainant" CITY OF SAN RAFAEL and "Cross -Defendant" CONCEPTS FOUNDATION, INC. I. RELEASE AND DISCHARGE A. FOR AND IN CONSIDERATION of the payment of Five Thousand Dollars -I- FULL AND FINAL RELEASE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ($5,000.00), to be paid to plaintiff Berkshire Hathaway Homestate Insurance Co., the CITY OF SAN RAFAEL ("Cross -Complainant"), hereby releases, acquits, and forever discharges Cross - Defendant CONCEPTS FOUNDATION, INC., and their agents, servants, present and past employees, assigns, successors, trustees, directors, officers, personal representatives, and managers (hereinafter referred to as the "Releasees") from any and all actions, causes of actions, claims, liens, demands, damages, costs, or consequential damages on account of, or in any way arising from, claims for damages known and unknown, related to or brought about by the accident and injuries to Conrad Lenox on or about February 12, 2016, the benefits paid to or on behalf of Conrad Lenox by plaintiff Berkshire Hathaway Homestate Insurance Co., and not limited to the complaints described in the Cross -Complaint filed in the Superior Court of California, County of Marin known as Civil Case No. 1704075, and not limited to potential claims for damages arising from or related to the workers compensation claim of Conrad Lenox arising from his employment related injuries of February 12, 2016. Cross -Complainant hereby declares and represents that in making this Release, it is understood and agreed this Release is entered into voluntarily, and Cross -Complainant has had the opportunity to rely on an attorney or counsel of her own choosing in order to come to a full understanding of the impact of this Release. B. It is understood that liability for any such claims is disputed, and this final compromise and settlement thereof shall never be treated as an admission of liability or responsibility at any time or for any purpose. C. Cross -Complainant warrants that no promise or inducement has been made or offered, accepting as herein set forth, that this Release is executed without reliance upon any statement or representation by any of the parties released or their representatives, or any of them, concerning the nature or extent of injuries or damages or legal liability therefor. D. It is understood by Cross -Complainant that it is possible that other injuries or damages not now known will develop or be discovered, or consequences or results of known injuries will develop or will be discovered, and this final compromise and release is expressly -2- FULL AND FINAL RELEASE 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 intended to cover and include, and does cover and include, all such future injuries or damages or future consequences or results of known or unknown injuries or damages, and all rights of action therefore are included herein to the fullest extent possible under California and/or federal law. E. The provisions of Section 1542 of the Civil Code of the State of California are expressly waived and Cross -Complainant understands that said section provides as follows: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. F. This Release shall be fully binding on Cross -Complainant, and their heirs, assigns and successors. This Release is fully enforceable pursuant to California Code of Civil Procedure § 664.6. H. DELIVERY OF DISMISSAL WITH PREJUDICE It is further understood that in exchange for the payment above-mentioned, Cross - Complainant will, cause to be dismissed, and dismiss with prejudice as against all persons, entities, or organizations identified as "Releasees" its Cross -Complaint in Marin County Superior Court, Case No. 1704075. Cross -Complainant shall deliver to counsel for Releasees an executed dismissal with prejudice of its Cross -Complaint against Releasees concurrent with the execution of this Release, on the condition that the Releasees shall not file the executed Dismissal until Releasees present to plaintiff the consideration set forth in paragraph I(A). III. ATTORNEY'S FEES A. Cross -Complainant also agrees that all sides shall bear their own attorney's fees and costs arising from all litigation and claims described herein and with respect to the preparation and review of this Release, and the performance of all acts necessary to implement this Release. B. All parties agree to cooperate fully and to execute any and all supplementary documents and to take all actions which may be necessary and appropriate to give full force and effect to the basic terms and intent of this Release. -3- FULL AND FINAL RELEASE 1 2 3 4 5 6 7 8 9 10 12 13 14 "I "I 18 19 20 21 22 23 24 25 26 27 28 IV. ENTIRETY OF AGREEMENT Cross -Complainant further declares and represents that no promise, inducement or agreement not herein expressed has been made, this Release contains the entire agreement among the parties hereto, and the terms of this Release are contractual and not a mere recital. Any oral representations or modifications concerning this Release shall be of no force or effect. This Release may not be amended, altered, modified or otherwise changed in any respect whatsoever, except by a writing duly executed by Cross -Complainant and Releasees and their authorized representatives. V. CONTINGENCY If the injured worker, Conrad Lenox, seeks to intervene in Case No. 1704075 before the action is dismissed in its entirety, it is understood and agreed that this Release is null and void without any legal effect. VI. GOVERNING LAW A. This Release shall be construed and interpreted in accordance with the laws of the State of California. VII. REPRESENTATION OF COMPREHENSION AND WARRANTY OF CAPACITY TO EXECUTE A. In entering into this Release, Cross -Complainant represents that they have had an opportunity to consult with her attorneys, who are the attorneys of their own choice, concerning this Release, and that the terms of this Release are fully understood and voluntarily accepted by Cross -Complainant. Cross -Complainant further states that they have carefully and completely read the Release, consisting of five (5) typewritten pages, and knows the contents thereof. B. Cross -Complainant represents and warrants that no other person or entity has, or has had, any interest in the claims, demands, obligations or causes of action referred to in this Release, except as otherwise set forth herein; that Cross -Complainant has the sole right and exclusive authority to execute this Release and receive the sums specified in it; and that Cross - Complainant has not sold, assigned, transferred, conveyed or otherwise disposed of any of the -4- FULL AND FINAL RELEASE 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 claims, demands, obligations or causes of action referred to in this Release. Dated: ff—ZZ _! ( C TY F SAN RAFA L As to Form: Dated: Attorney for Cross -Complainant CITY OF SAN RAFAEL . -5- FULL AND FINAL RELEASE CONTRACT ROUTING FORM INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below. TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER: Contracting Department: City Attorney Project Manager: Lisa Goldfien Extension: 3081 Contractor Name: Concepts Foundation (Centerpoint) Contractor's Contact: Contact's Email: ❑ FPPC: Check if Contractor/Consultant must file Form 700 Step RESPONSIBLE DESCRIPTION COMPLETED REVIEWER DEPARTMENT a. Email PINS Introductory Notice to Contractor DATE Check/Initial 1 Project Manager ❑ b. Email contract (in Word) and attachments to City Mick here to Attorney c/o Laraine.Gittens@cityofsanrafael.org enter a date. ❑ c. Check with City Attorney re Insurance Requirements for extra small or large projects 2 City Attorney a. Review, revise, and comment on draft agreement 8/15/2019 ® LG and return to Project Manager 8/15/2019 ® LG b. Confirm insurance requirements, create Job on Department Director PINS, send PINS insurance notice to contractor 8/15/2019 ® LG 3 Approval of final agreement form to send to contractor Forward three (3) originals of final agreement to ❑ 4 Project Manager contractor for their signature 5 Project Manager When necessary, contractor -signed agreement ❑ N/A agendized for City Council approval * *City Council approval required for Professional Services Agreements and purchases of goods and services that exceed Or $75,000; and for Public Works Contracts that exceed $175,000 7/15/2019 PRINT Project Manager Date of City Council approval CONTINUE ROUTING PROCESS WITH HARD COPY 6 Forward signed original agreements to City City Attorney Attorney with printed copy of this routing form Y 7 Review and approve hard copy of signed / agreement 8 City Attorney Review and approve insurance in PINS, and bonds gl2.0 19 ax (for Public Works Contracts) 9 City Manager/ Mayor Agreement executed by City Council authorized official 1 10 City Clerk Attest signatures, retains original agreement and forwards copies to Project Manager